Chapter 10.35
MOTORIZED FOOT SCOOTERS

Sections:

10.35.010    Definitions.

10.35.020    Duty to obey traffic-control devices and rules of the road.

10.35.030    Unsafe use prohibited.

10.35.040    Use prohibited in certain areas.

10.35.050    Helmets required.

10.35.060    No passengers or towing.

10.35.070    Hours of operation.

10.35.080    Muffler required.

10.35.090    Parental responsibility.

10.35.100    Violation – Penalty.

10.35.110    Violation – Children under the age of 16.

10.35.120    Release of motorized foot scooter.

10.35.130    Contesting impound.

10.35.140    Disposal of motorized foot scooter.

10.35.010 Definitions.

A “motorized foot scooter” is a device with no more than two 10-inch or smaller diameter wheels that has handlebars, is designed to be stood or sat upon by the operator, and is powered by an internal combustion engine or electric motor that is capable of propelling the device with or without human propulsion.

A motor-driven cycle, a moped, an electric-assisted bicycle, or a motorcycle, as defined in Chapter 46.04 RCW, is not a motorized foot scooter. (Ord. 20-04 § 1)

10.35.020 Duty to obey traffic-control devices and rules of the road.

Any person operating a motorized foot scooter shall obey all the rules of the road applicable to vehicle or pedestrian traffic, as well as the instructions of official traffic-control signals, signs and other control devices applicable to vehicles, unless otherwise directed by a police officer. (Ord. 20-04 § 1)

10.35.030 Unsafe use prohibited.

No motorized foot scooter shall be ridden in a negligent or unsafe manner, but shall be operated with reasonable regard for the safety of the operator and other persons. (Ord. 20-04 § 1)

10.35.040 Use prohibited in certain areas.

Motorized foot scooters are prohibited from being operated:

(1) On sidewalks within the City limits;

(2) In City parks;

(3) On multiple use trails, including without limitation bicycle paths, bikeways, equestrian trails, hiking trails and recreation trails, except where such trails are specifically marked stating that such use is permitted; and

(4) On any City street with a posted maximum speed limit greater than 25 miles per hour, unless operated within a marked bicycle lane. (Ord. 20-04 § 1)

10.35.050 Helmets required.

Any person operating a motorized foot scooter upon any street or public area in the City shall wear an approved helmet designed for safety that meets or exceeds the requirements of Standard Z-90.4 set by the American National Standards Institute (ANSI) or the Snell Foundation, or a subsequent nationally recognized standard for helmet performance as the City may adopt. The helmet shall be worn over the head and equipped with either a neck or chin strap that shall be fastened securely while the motorized foot scooter is in motion. (Ord. 20-04 § 1)

10.35.060 No passengers or towing.

No person shall transport another person on or in tow of a motorized foot scooter upon any street or public area in the City. (Ord. 20-04 § 1)

10.35.070 Hours of operation.

A motorized foot scooter may only be used or operated between the hours of 7:00 a.m. and 9:00 p.m., provided, however, no motorized foot scooter shall be operated during “hours of darkness” as that phrase is defined in RCW 46.04.200. For the purposes of this section, the times of sunset and sunrise shall be those times designated in a newspaper of local circulation including either the King County Journal, the Seattle Times or the Seattle Post-Intelligencer. (Ord. 20-04 § 1)

10.35.080 Muffler required.

Any gas motorized foot scooter used or operated within the City of Covington shall have affixed a muffler in good working order and in constant operation. The use of a cutout, bypass, or similar muffler elimination device is prohibited on any gas motorized foot scooter. (Ord. 20-04 § 1)

10.35.090 Parental responsibility.

A parent who has custody of any child under the age of 18 years and the guardian of any ward under the age of 18 years shall not authorize or knowingly permit any such child or ward to violate any of the provisions of this section. (Ord. 20-04 § 1)

10.35.100 Violation – Penalty.

Except as stated in CMC 10.35.110, a violation of any provision of this chapter shall be a civil infraction and shall be punishable by a fine not to exceed $250.00. (Ord. 20-04 § 1)

10.35.110 Violation – Children under the age of 16.

When a violation of any provision of this chapter by a child under the age of 16 years occurs, the City may impound the motorized foot scooter, if in the discretion of the officer there is not a parent who has custody of the child or guardian of the child available to whom the motorized foot scooter can be released and taking custody of the motorized foot scooter is (1) reasonably necessary to ensure compliance with this chapter, or (2) reasonable necessary to protect persons or property. (Ord. 20-04 § 1)

10.35.120 Release of motorized foot scooter.

If the City impounds the motorized foot scooter under CMC 10.35.110, the motorized foot scooter shall only be released to a parent who has custody of the child or a guardian of the child who was handling the motorized foot scooter at the time it was taken into custody. In order to secure release, the parent or guardian shall present identification to the City and pay an impound fee in the amount of $50.00. (Ord. 20-04 § 1)

10.35.130 Contesting impound.

If a parent or guardian of a child wishes to contest the validity of an impound occurring under CMC 10.35.110, the parent or guardian shall request a contested impound hearing with the City Manager, or his designee, within 30 days of the impound. Upon receipt of a request for a hearing, the City Manager shall schedule a hearing within three business days to determine whether the impound was proper. If the City Manager determines that the impound was improper, the motorized foot scooter shall be released under CMC 10.35.120 without an impound fee. If the City Manager determines that the violation has in fact occurred, an appeal may be filed to the Covington Municipal Court if served on the City Clerk and filed with the Court within 20 days of the mailing of the City Manager’s decision to the parent or guardian who requested the contested hearing. (Ord. 20-04 § 1)

10.35.140 Disposal of motorized foot scooter.

A motorized foot scooter shall be considered abandoned and the City may dispose of it upon the expiration of the following time periods:

(1) Thirty days after the impoundment if no request has been made by a parent or guardian for its release pursuant to CMC 10.35.120 or for a contested impound hearing pursuant to CMC 10.35.130;

(2) Twenty days after the mailing of the City Manager’s decision to the parent or guardian following a contested impound hearing, unless an appeal of the decision has been served and filed pursuant to CMC 10.35.130; or

(3) Twenty days after a decision by the Covington Municipal Court finding the impound to have been proper. (Ord. 20-04 § 1)